If the order contains an error in law, an appeal of the order can be filed in Divisional Court. The Appeal must be filed within 30 days of the order being issued.
The Landlord and Tenant Board requires a fee of $55 be paid when filing a Request to Review an Order.
If no serious error is found, the Board will issue a decision denying the Request to Review an Order. A brief statement of the reasons for the decision will be given to the party requesting the review.
The Landlord and Tenant Board may conduct a review by an oral or electronic hearing or by written hearing. If the order was resolved by a hearing, the review will be decided by an adjudicator (not the same adjudicator who heard the application). It may take up to 2-6 weeks for the review to begin.
If the Board finds that there is a serious error in the order, it may decide that all or some of the issues raised in the request and any potential errors identified by the reviewing member should be reviewed, with submissions from both parties.
In most cases an adjudicator will conduct a preliminary review of the request. The preliminary review will be based on the contents of the request and the order, without seeking submissions from the other party and without holding a hearing. The adjudicator may deny the request immediately or schedule a hearing if it is determined that the order may contain a serious error.
If the adjudicator finds that it is necessary to hear submissions from the parties before making a decision whether there is a serious error in the order, a hearing will be scheduled immediately and the adjudicator will consider whether to allow a review as a preliminary matter at the hearing.
In situations concerning an eviction order, will the eviction occur if a Request to Review an Order is filed?
The party requesting the review must also request that a stay of the order be made to prevent the eviction from occurring. The party must explain the reasons for this request and the consequences the party may suffer if the order is not stayed. The Landlord and Tenant Board Member may stay an order and at any time decide that the stay is no longer appropriate and revoke it.
Orders resulting from a hearing, set aside orders and interim orders can be reviewed.
The Board will send a copy of the request, along with the Notice of Review Hearing to the parties.
The Request to Review an Order must be made in writing, a Request to Review form is available from the Landlord and Tenant Board or may be obtained from the Board’s web site at www.sjto.gov.on.ca/ltb.
The landlord may request in writing to extend the 30-day time limit. The Landlord and Tenant Board Member will take into consideration factors such as the length of the delay, explanations for the delay and evidence of prejudice suffered by any person as a result of the order, when considering such a request. However, in fairness to the other parties, requests should be initiated as soon as possible.
A Request to Review an Order must be filed within 30-days of the date the order was issued. Landlords should consider their options and act immediately.
A Request to Review an Order can be made by: 1) a party to the order; 2) any person directly affected by the outcome of the order; or 3) any Landlord and Tenant Board Member.
A request for the review of an order will not be allowed unless: a) the order contains a serious error; or b) a serious error occurred in the proceedings. ** For additional information refer to Interpretation Guideline #8 available at http://www.sjto.gov.on.ca/documents/ltb/interpretation%20guidelines/08%20-%20Review%20of%20an%20Order.html
There is a provision in the Residential Tenancies Act that allows orders containing errors to be reviewed by an adjudicator, other than the adjudicator who issued the order. In other words, if one of the parties is dissatisfied with an order, they have the opportunity to request a review of an order based on a serious error in law or error in procedure.
What is the difference between a Request to Amend an Order and a Request to Review an Order? I have a case at the Landlord and Tenant Board based on arrears and I received an Order. However, I have noticed that the amount of the arrears of rent owing is incorrect. Which form do I file to have the error corrected?
If the Order contains a clerical error which would be a typographical error, an error of calculation or similar error, a Request to Amend an Order can be filed and the Board can issue an Amended Order without having to hold a hearing. The procedure for dealing with a request to amend an order can be found in Rule 24 of the Board’s Rules of Practice. On the other hand, a Request to Review an Order is based on a serious error made by the adjudicator, for example, evidence that was presented at the hearing but overlooked or not considered. When a Request to Review an Order is filed, the Board will determine if there is a serious error in the order and if so, a hearing will be scheduled.